University of South Carolina Libraries
? zy' mt VCLUME IX.-NUMBER 1967 CHARLESTON WEDNESDAY MORNING, MAY 1, 1872. EIGHT DOLLARS A YEAR. THE RAKWAY QUESTION. OPINION OF CITY ATTORNEY CORBIN. The Obligation? and Responsibilities of the Two City Hallways. City Attorney Corbin has submitted the tol? lo wing opinion : OFFICE OF TEE CITT ATTORNET, { CHARLESTON', S. C., July 1, 1872. ) Honorable John A. Wagener, Mayor of Charleston : DEAR SIR-YOU refer to me for my opinion, the question : "What obligations the city rail? ways are under In regard to repairing the streets ot their line, and securing compliance with the same." As the word "Railways" ls used, I suppose that the question has reff renee to the two street railways, whose charters permit Hie lay? ing of street railways In the limits of the city, viz : " The Farmers' and Merchauts' City Rail? way Company of South Carolina," and 'The Enterprise Railroad Company, of Charleston, Smith Carolina." In considering the question, therefore, the rictus and duties of each company will be dis? cussed separately. I. As to the Farmers'and Merchants'City Railway Company: This company was incorporated by act of the General Assembly, approved December 20, 1866. (See V ji. 13, Statutes at Large, page 430.) Thesecond section of this act gives said company power and authority, subject as ls thereinafter provided to the ordiuances, au? thority and supervision of the City Council of Charleston, relative thereto, to lay railway tracks through and along the streets within the corporate limits of the City of Charleston, ?kc. The fifth section of the same act provides, that all the works of the said company, along and through the streets of the said city, be under the authority, supervision and arrange? ment of the corporate authorities of the City " ot Charleston, subject to such provisions, con? tracts, ordinances and restrictions as they may deem advisable for the general welfare and due protection of public and private rights, as also for the protection of the property and rights of the company. On the 12th day ot March, 1867, the City Council passed an ordinance entitled "An or? dinance to regulate the construction and run? ning ol passenger and freight railways In the City of Charleston, and their uses." (See Com? pilation of Ordinances page 32.) The second section of this ordinance pro? vides, among other things, that the company shall bnild and keep In repair all bridges, turnouts, drains, &c, which the track or tracks cross, paving or shelling the track be? tween the rails, and tor as many leet. not ex? ceeding three on each side of the track or tracks, as may be, and at such a time as re? quired by the city authorities: Provided, That ? said street or streets have been or are about to be paved by the corporate authorities; and should any company or corporation violate any ol the providions or this section, the com? pany violating the same shall be liable to such penalties as tne Mayor may Impose, not ex? ceeding fifty dollars for each and everv day they shall be proven to have violated thc same, after due notice given by the city In? spector or engineer. This ordinance, taken in connection with the act constituting the charter of the said City Railway Company, conferring upon the City Council the authority, supervision and arrangement of all their works along and through the streets ot the city, and making the said company subject to such provisions, contracts, ordinances and restrictions as they (the corporate authorities of the city) may deem advtsable, clearly gives the City Council, aa the corporate authorities of the City ot Charleston, lull power to require this com? pany to keep the track, 1. e. the road ur street Detraes the rails, and the space not exceed? ing three feet on each side of the track, paved or repaired with sheiK when the street Itself has been or ls about to be paved or shelled by the city authorities, at such time as they may think best For a failure todo this the same section pro? vides that the Mayor may Impose a penalty not exceeding fifty dollars for eacn "Say tney are proven to have violated those regulations, after due notice given by the city inspector or city engineer. II. As to the Enterprise Railroad Company ol Charleston, South Carolina. This company was incorporated by act ot the General Assem? bly, passed the 1st day of March, A D. 1870. ( - ee Vol. 14, Statutes at Li-ge, page 391.) By the second section of 8 charter, lt was authorized to lay rallwav tracks from the Bat? tery or White Point Garden, on East Bay street, and thence through certain streets named in the charter, to fen-mile HUI. The other sections ot the charter simply declare what are the general privileges and rights of the company, <fcc.; the 6th section repealing all acts or parts of acts Inconsistent with the charter. By an act approved March 9,1871, (see Vol. 14, Statutes at Large, page 659,) the original charter ot the company was amended by giv? ing the corporation power to lay tracks in other streets than those mentlone'd In the act o? 1870, and giving lt power to Issue seven per cent, coupon bouda to the amount of len thousand dollars for every mile of completed railway. Both of the acts are silent as to the li aol ll y of the company to repair streets, or as to Ita being under the general supervision and con? trol o? the City Council of Charleston. 3rThe charter ot this company, therefore, con? fers no express authority on the City Council to supervise tho laying of the tracks of the railway, or to compel the company to keep so much of the streets as ls between the rails In repair, as ls the case with the Farmers' and Merchants' City Railway. If there ls such a power exist lng In the City Council, lt must be an implied one. Does such an Implied power exist? The charter of the City Council of Charleston gives lt power to make such by? laws, rules and ordinances respecting the harbor, streets, lanes, ic, that shall appear to them requisite and necessary for the security, welfare and convenience of the Bald city, ?fcc. The by-laws, rules and ordinances made by the City Council on any of these subjects are of binding force, except so far as they are In? consistent with the State laws or constitution. It ls clear that wheo the State has especially given to a corporation the power to make use of certain streets for any particular purpose, as for laying a raliway track, the city cannot, by any of its ordinances, prevent the exercise ol that right. At the same time the city has the right to require any corporation or indivi? dual making use of a public street fer any such purpose, to take proper precautions for the safety thereof, and for the crossings of the same, but whether tho provisions of the ordi? nance of the 12th of March, 1867, regulating the construction and running ol passenger and freight railways could properly be enforced against the Enterprise Railway Company, need not now be considered. The provisions of that ordinance are evi? dently meant to apply to roads, the charters of wbiob give no express authority to lay their tracks In any particular streets of the ci'y, and contemplate the permission of the corpo? ral? authorities ot the City as a prerequslte tor laying their track. But the city, as being charged with the care of the streets, ana being primarily responsible for their safety, does possess the right o? making reasonable regulations as to their repair whenever tbe surface has been disturbed and rendered In? secure by a corporation or Individual, unless such corporation or individual has been grant? ed immunity from such municipal regulations. These regulations must be of such a charac? ter as not to interfere with the chartered rights of private corporations. Theretore, in the ca?e o? the Enterprise Railroad Company, I am of opinion that whenever th J surface of the streets has been disturbed lor the purpose of laying the track ol said road, the city bas the right to demand that so soon as the track is laid, or so soon as the road bed and the por? tion below the surface of the street ls com? pleted, the said corporation shall place the surface of the street in as good order as lt was before they commenced their operations. The right conferred on the company oy the charter, viz: the right to upe ihe streets of the city for the purpose ol laying their track, does not confer on it the right to leave thc surface ot the streets in an unsafe condition. Should lt do so, however, the city would be compelled to restore them to a sale coodit on, and, on doing se, could recover again-t the company the cost of making such repair?. It was not the Intention ol the Legislature, In chartering this company, io exempt lt from ail control to municipal r?gulai lon?, and tu allow lt to tear up the streets ol the city at Its pleasure, repairing them or not whenever it Should seem flt Certainly, no such rights are given ;n the acts constituting the charter, and ine company can claim no privilege not granted therein. AdoptlDg the rule, applicable to all pri? vate corporations which are granted privileges in conflict with private or public rights, that, in construing their charters, that construction j must be adopted which ls most favorable to the citizen or ihn public and against the corpora? tion, I am of the opinion that lt Is the duly of the Enterprise Railroad Company to keep that portion ot the streets of the city through which lt passes, which Is included between rails of their track:, and which Iles outside of the rails but Immediately contiguous thereto. Io proper repair; and that whenever lt tails to do so," afier having been notilled of the necessity for Buch repair by the proper authorities of the city, the city can cause the same to be made ano recover irom the company the cost of the same. Tn? duty imposed on the City Council of Charleston by the charter of the name, ol tho care ot the streets and the power of maklug regulations relative thereto, are not taken away or suspended, as lo the streets which are made use of by the Enterprise Railroad Company, by the charier ot said compaoy, out such power and duty remain in lull force. The privilege? conferred ou the company, so far as the streets of Charleston arr. concerned, ls simply a right to their use tor the purpose of laving us track. in case auy accident should occur In conse? quence ot the surface of the Bireets being: In au insecure condition by reason ol the laying of such irack, the city would be first lianle for damages tor the Injuries, but the company would be liable to the city for the loss they mlght'sustain by reason ol such damages. This ta the view held by the Supreme Court of the United States, In the case of the City of Chicago vs. Robbins and Black, (p. 414.) Very respectlully, D. T. CORBIN, City Attorney. MARINE' DISASTERS. Seven Live? Lost In the Hoogly. LONDON, July 3. The ship Omaha has been wrecked on Sau gur Island, in the Hoogly River. 8even per fiona belonging to the crew of the Omaha were drowned. Twcnty-on? Lives Lost Off the isle of Wight. LONDON, July 3. The steamer Lap. hence for Rotter? dam, was lost In a collision with an unknown vessel off the Isle of Wight. The report ls that twenty-one persons perished. A GERMAN SHOWER OF GOLD. The French War indemnity Pouring In-Thc Disposition that ia Marte of lt. [Berlin Correspondence or the London Times, j The French war indemnity being the largest sum over paid by one couuiry to another lo so short a time, it will bo interesting to learn the use made of it by the recipients. A gov? ernment bill Just submitted to the House, and accompanied by an explicit memorandum, contains all the delal'B upou inls weighty sub? ject. From the documents communicated we gather that th" famous five milliard: are but a portion of the toi al exacted or to be exact? ed from the vanquished. Io ad dillon to this sum, which In calculated at 1,333.300.000 thal? er^, there ls the interest upon the outstand? ing lnst:Hmen s, which up to the 1st of March, 1872, amounud io 150,000.0001, or 40, 000.000 ibalers. There ls also ihe Paris soon'.mill?n of 200,000,0001, or 53,500,000 thalers; and another heavy Item of 14.687, 961 thalers, being the proceeds o? the tributes levied in tue va mus department, minus cer? tain sums disbursed for military expenses dur? ing the campaign. Adding up these severU figures, we hou a grand total 0( 1,441,487,961 thalers, which, however, does cot luciude me five per cent Interest to be paid on the three outstanding milliards from March 2, 1872, to Maren 2,1874, or whatever date may be fixed upon bv spacial agreement. O? this golden stream pouring into the '.erman exchequer, a nice i it tl" rivulet has. however, found ns way back io France. As arranged in the Treaty ol Peace, M. miers has han rf turned to him the sum ot 325,000.000f, or 86,666,6G6 thalers, the price Of Hie Alsace-Lorraine Railways. The flr-t disbursement made in Germany was 36, 700,000 thalers to indemnify corporations and private persons for damages sustalued by the operations of the contending forces. Near? ly the whole ol this sum baa been bestowed upon the annexed provinces. 6,000.000 ihaterB was paid to shipowners nod crews to make up forthe.lOBses occasioned by the German mercan tile flag being unable to snow Itself Erring Ute war. The German'* expe led from France re? ceived 2,000,000 i haters; the lamines of land? wehr men. In addition io tne municipal aims, were avsl-ted by the Stale to the amount ot 4,000.000 thalers, as much being divided among the genera 8 who distinguished themselves most In the war; 40,000.000 thalers was set apart to serve as a reserve fund against the next campaign, the Prussian reserve fund of 30,000,000 thalers bel?g, lu consequence en? tirely done away with. No less ihuu 11,440.000 thalers was devoted to the Increase of rolling stock in the annexed provinces-a sum which would not bave been half as large were not the Alsace-Lorraine railways considered as strategical lines, and accordingly provided with an unusual number of carriages, rhe en? ergetic use the French made of t heir own ral I wats in the latter hull of the war, when whole divisions were whirled at once to tne same point, seems to have rendered ll advisable to prepare for Bindiar exploits in the border provinces. The pensions paid to officers and soldiers and their widows already amount to 14.700,000 thaler*; 19,792.719 thalers bas neen handed over to ihe customhouse authorities, the same amount of deposits being withdrawn by merchants during the war; and 9,492.000 thalers bas been placed in the exchange ol the empire, to serve as a permauent fund and matte government more independent of the punctual Incoming of the revenue. These several sums, already disposed of under the treaty ot peace, or by special laws enacted In the last eighteen months, together amount to 234 800,000 thalers. The bin Just introduced assigns the remainder ot the Indemnity to diff?rent State purposes. In the first place, 39,250,950 thalers Is allotted to the completion of lortreBseB and the erection of military buildings In Alsace-Lorraine. Of this Bum, 15,817,328 thalers IP to be expended in the current year. The second clause ot the bill likewise refers to the army, and threatens to be all the header, as lt contains no figures, but merely empowers the government to spend, or In some instances refund, to the In? dividual States the money required for the objects put down In the bill. These objects are the armament and disarmament o? the fortresses, and the extra expenses incurred for siege material during the war, and extra war expenses ol the navy and coast service, Inclu? sive ot a sum of 1.375,000 thalers for the pur? chasing and fliting up ol an artillery ground for testing the new long-range cannon; the cost of the railways and telegraphs consi meted and worked during the campaign lor military purposes; the cost ol civil administration In France whore not defrayed out of the taxes and contributions levied in the occupied terri? tory; the cost Of the imperial headquarters and the military operations irom July 1,1871, to the end ot the war; and, lastly, the peustouB and other casual reliefs to be awarded to in? valids and tnelr relicta under the act of June 27, 1871. The several Bums contained tn this .clause are to be fixed by the Federal Council, subject to the control of ihe Audit Court. Clause 4 (which in logical order ought to be 3) places 3,500 000 ibaierV at the disposal of thc Imperial Government for enlarging the central Institutions ot the army, such as the staff office, the artillery and englneetlng cchcols, the war academy, ihe cadet house, ?fcc. After all these deductions, that which ls left In the hands of the government ls to be distriouted among the states according to a liberal standard, which confers an overplus ol something like 14,('00.000 thalers on ihe Som h at the expense of me wealthier Nonh, Three fourths af ihe sum to be thus distributed will be divided in prooortion to the number q? men equipped for the war ny each local gov ernmeut; uut tho remaining fourth is to be Axed according to theuuoioer of Inhabitants In the various Slates, an arrangement (riving a bonus to ihe t*ouih, the armies of'which did not come up to the percentage obtained In the North, as will be seen Irom the following il .Mire.-: Of ihe total of m-n und horses em? ployed in me war Northern Q-rmany cn1 ri? bbed (30.000.000 Inhabitant*) 107.679,125 partB; Bivana, (5,000,000 luhab.'ants) 14,538, 825 patts; Wurtembnrg, (1.800.000 inhabi? tants) 4.345,450 parta; Baden, 1,5"G,000 Inhabi? tants) 3.768,459 parts; Southern xleBse, 1,869. 975 parts. A ROMANCE IN HIGH LIFE. THE STORY OF A MISANTHROPIC HIL. LIONAIRE. Was tile Dalco of Bedford Married, and has he an Heir*- His Enormous Wealth, and How ho Mismanaged lt -A Carions Picture. f From the New York World.] The Duke ol Bedford has died aod the news? papers have published their account of him. Those accounts Illustrate the value or rather the no value of the great part of cou tem pora" ry history. The Duke ol Bedford, we are told, was not married, occupied himself but little with politics, and generally led a very retired life. Separately these negatives are true, but the sum total of them ls an affirmation of In? ference which ls wholiy false. The design of the notice is to present to the vulgar age the picture of an English gentleman living In easy, dignified retirement from the world, but with a disinclination of taste rather than an aversion of temper to the public pursuits proper to his rank and condition. The real subject of the Journalistic memoir was a mis? anthrope. If be did not hate, he certainly shunned his kind; and his incapacity was such that If he had exhibited lt in public affairs lt Is more than probable lt could not have escaped the recognition of the law.' Throughout his life this owner of one of the most splendid properties in tne world never manifested by word, look, or sign the slight? est interest in the management of his own concerns. The meanest wretch that swept a crossing ia B-dlord row seemed of equal ac? count with a man who had it lu his power to give a whole district in Loudon notice to quit. UouseB were pulled down and set up again oo the estates; streets were effaced, and though half the population might be cogni? zant ot the cnauges, one person at least seemed Ignoraut ol them, aud that was the nobleman In whose interest they were effect? ed. No king in a constitutional country could be less responsible for the things that were done in his name. Aud the Duke's effacement was tacitly accepted by all-by those who usurped his luuctlou-, and by tbose who Buffered through tuat usurpation. For years and years tue fruit and vegetable sales? men of Covent Garden Market bad desired lo see their goods protected from the weather by the roofllng in of an open space between their shops, yet no man thought of appealing to the Duke. Tue agent was addressed, and the agent declined to listen One morning a for? mal complaint appeared In the papers; but ihe next day the men with whose names that complaint had been associated wrote to deny all participation In the revolt. Whatever they might have dared to say in private, In public the tenants were ostentatious of sub? mission to their ruler's authority, and that ruler was the agent of the Duke. The ascendancy which this man had acquir? ed over the Duke's mind was not to be ex? plained on any theory of that nobleman's abili? ty to manage his own affairs. As the tenants used bitterly to Bay, lt might have been easy to deal wltu him bad he been either a gentleman or a man of business. But ne waa neither the one or the oiher. He sprang from the noth? ingness of a clerkship In a- solicitor's office to the Importance of a control over a London es? tate which yielded nearly ?100,000 a year, and a couniry estate which yielded considerably more. In town he was master of property associated with many of the past glories of our history and literature; ot that Covent Garden, for Instance, which lrom the time of the third Wlhlam, and even of the Charleses, down to the beginning of this century, was the via sacra of all the wits, beaux, poets, heroes and beauties whose story, whether for good or for in, ls a part ut that of their country. Under his charge were miles of dim old houses, each a casket of the richest social and political recollections houses which Wren had built, In walch Addi? son had written and Jonson talked. And, lar beyond the limits of the city, his sway ex? tended to stately abbeys and priories, the properly of lils master, which were undent when Ihe illustrious names just cited were in their prime of youth. From his "Bedford estate office," near the British Museum, this limo misshapen man, who seemed the Inc trna tlon ol'the spirit ot all uncharitableness, issued decrees which affected the happiness of thou? sands throughout the breadth of the United Kingdom, for his power was felt even beyond tue Irish tiru. How this man obtained his power lt ls not easy to say, but lie maintained itoy the Indif? ference ol his master. From his eaniest. veare some great overmastering sorrow had fallen on the Duke and deprived bis already feebly pulsatlug mind of a I active inter?s* In life. Was a wumau nt the bottom ol lt ? Cer? tain it ls that belore the Duke inherited the full honors of tho tamily he nad fallen under tho sway ol a woman of humble birth, wita whom ne had contracted an Intimacy not generally recognized as ol the most Honora? ble kind. It was one of the liaisons wnich, lt the truth must be told, forma part of the un? written bbucy of nearly every young man of fortune. Some members of the family were aware of lt, p.nd they io<>k the usual course of couddlog the task of effecting its discontinu? ance io time, but tn this case lime neglecied the duty. The Marquis of Tavistock became the Duke of Bedford, und still the lial-on continued, until al la?t lt became too firm to yield to remonstrance. All that the Duke couid bo bi ought to do was to consent to hide the scandal of the connection as much as pos? sible from me public eye-a course to which he was naturally Inclined by the reserve ot his disposition. For the world In general lhere was no more important fact to be noted than that a woman ol great beauly became the oc? cupant ol a qutei suburban residence at Ken? sington, and that Bhe was visited dally by a gentleman, who took her and her little boy for a drive in his carriage, and brought ihem back always at a certain hour. It any one had been curious enough to follow the carriage in one ot those dally drives he would in due time have found himself at Barnes Com? mon, a picturesque bit of country in the neigh? borhood of Richmond. There he would have seen the lady alight with the child, leaving the third occupant of the vehicle still sheltered behind the blinds. The lady displayed a stately presence and a commad lng lorm, with all ihe hauteur of aris? tocracy in the expression o? her handsome features, shaded by masses of dark hair. She allowed the boy to run about among the gorse flowers, only tatting care to keep him by an occasional rebuke within the circuit ol the walk on the common. In about half an hour she might be seen to return to the carriage, lrom which meanwhile the lonely occupant had not stirred. Little or no conversation passed between the pair on the homeward drive. When they returned to the cottage at Kensington an emaciated mao, with a look ol premature age and weariness ot life on bis not Ul-tormed features, stepped out of J he car? riage, hatided the lady and child Indoors, aud then Immediately turned back, and was driven towards London. In that gentleman micht have been recognized the Duke ol' Bed? ford, Who has Just passed away. This strange Intimacy continued for many years, undisturbed, to all outward appearance, by any differences between the pair. The lady showed a wonderful discretion in accepting the conditions of her equivocal position. Her sway over the Duke's mind was typified by the appearance of the pair in their daily drive. Tue carriage seemed to belong to her, aud IIB two occupants lo occupy their position merely by ber good favor-nothing more insignificant in appearance than the listless, dull-eyed, apa? thetic nobleman crouching In a corner of the vehicle-nothing more full o? digul?ed assur? ance than the bearing of the proud woman, who alone seemed lo have no dread ot the public eye. Yet she never abused her power by showing herself at the family seats-neither In London or in Bedlordshlre. In this she showed sound judgment, leaving out of con? sideration the more refined motives ny which Bhe may have been aetuated. There cannot bea doubt that she might have had apartments at Woburn had she been so Inclined. But at Woburn she could at the best have enloyed only a nominal independence. She might have stayed there forever oa the footing ol a guest, but sho could never have ruled as a mis? tress. The house at Kensington, on the other hand, was her own. The Duke was her visi? tor. His liberality had placed her in a posi? tion ot perfect Independence, and lt was in} her power at any moment to have closed the door on even her beneiacior. For all this she exercised a very limited hos? pitality. Her only visitor beside the Duke was her sister-a woman somewhat younger than herself, and of almost equal beauty. At times this sister formed one of the party in a dally drive, and die look charge ol the estab? lishment during the occasional absence of the owner from town. The cottage was commodious and elegant, and it might have sufficed for the require? ments of inmates of far more pretensions In the fashionable world. But it was In a retired spot, and as Mrs.-grew older ber need tor at least th- right of society increased. She wished to live neara public thoroughfare. The expression of this wish was enough for the Duke. Io a short time the tine high road irom Hyde Park to Kennington, which is bordered by some of the most magnificent houses In London, was adorned by another arni ci ure in the cottage style, but of noble proportions. The new house, standing on Hs own treehol l ground, commanded a view of the Albert me? morial, of Kensington gardens, and the park, and oi a strip of road which ls scarcely ever iree from the equipages ot wealth and fashion. Its position was emphatically one of the bebt in London, and its occupant could have want? ed no material aid to ihe enjoyment ol lire. It was lo have been presented to Mrs,-on her next blrtbdav, but before that day came round die was dead. A deeper melancholy took possession of the Duke after this occurence. He rarely stirred abroad, or if he did so it was to seek the society of th? surviving sister whom Mrs.-had earnestly confided to his ' pro? tection on her deathbed. In time ibis sister seemed to have acquired that ascendency over his mind which had been possessed bv the other. Whether tier relationship lo him was of the same equivocal nature cannot be known, but she continued to receive his visits to the time of his death. It ls now turned that the confidence In Mrs. -, in ihe strength- of her position, had a deeper cause than her reliance on the favor of the Duke-that she was In reality bis wile, and that her son was the legitimate oflsprlug of tbeir union. In this event Mr. Hastings Bus? sell, who had al wa; s been locked on as the heir presumtiva to the family honors and es? tates, would, of course, be relegated to bis posi? tion of comparative poverty und dependence. The event alone can show, for there ls no evi? dence on either side to take the surmise out of the region ol pure probability. At present whatever steps may have been taken towards the assertion of this supposed claim are strict? ly the secret of the family advisers. The facts we have laid before our readers will enable them to form their own conjectures, but can? not lead them to any cer ai my ot conclusion. On tho one hand ihey lavor the assumption that Mrs. - had moderation enough to be content with the Independence, both for her? self and her son, whlcn had been assured to her; on the other, they famish grounds for the belief that her woman's ambition had not neglected tbe great opportunities placed with? in Its reuch by the absolute devotion ot her protector; and whether or no the agent could throw a light on the matter we are not In a position to say. He was never Indeed seen at the house In Kensington, bot his seemingly unmerited elevation to bis position bas yet to be explained. THE*KIOWA8 ON THE WAR PATH. Ptegun rmi, Propoaea to Wipe Them Oat. WASHDJQTON, July 2. Colonel Davidson, commanding at Camp Supply, Informs the war department that the Kiowas are again on the war path. In the direction of Fort Sill. General Pope Bays he does not fear general hostilities. Colonel Mac Kensle, in a letter dated Fort Richardson, June 4th, pays Indian depredations are becom? ing alarmingly frequent, and the depredators are Kiowas and Comanches, who are fed dally by the Indian agent on the Canadian River. In endorsing this communication, Lieutenant General bherldan Baya that all the Indians on the reservation are engaged In this bad work, and that he sees no way to.stop their outragep, except, by the action pf the military at Fort SUI and Camp -Supply: - II?*- requests permission to go In and alpe out the hostile Indian*, and Rays the Idea of trying to pro? tect the long line ol Northern Texas from In? dians, who are supplied with food, arms and am u m i lon at ihe reservation, seems too ridic? ulous. Indian Murder* In Utah. Nsw YORK, July 3. A Salt Lake dispatch of iud nlxht states that tho reports of recent murders by the Indiana have been confirmed, and, at a cr un efl held there yesterday, consisting ol ssdstant Secre? tary of the Interior Cowan, Governor Woods and General Marrow, Indian Agent Dodge aud several omer officials, lt was resolved that Dorige should Immediately proceed to the southern part of ihe Territory and call a conn oil of the Indian chiefs ot the various tribes, and Instruct them to return to their reserva? tions. In ci-e they decline, he will Inform them that the government will take prompt measures to vigorously move against them. Strong detachments of cavalry will be Bent south at once. -g-. DISASTROUS FIRE IN NEW YORK. NEW YOUR, July 3. Between one and two o'clock this morning a fire broke out at the corner of Elm and Reade streets, which destroyed Taylor and Darrell'? imper warehouse, and damaged ihe buildings and business materials of the gus works, the paper box factory ol Seechong Hli7, a bookbindery and James and Klrtland's fancy iron works. Loss two hundred thous? and dollars. THE SAGE AT THE HUB. BOSTON, July 3. Horace Greeley, who arrived in this city this morning, has been waited upon to-day by numerous friends at the Revere House, where he bas rooms os the guest of the city. He attends the Jubilee this afternoon. DEFEAT OF THE REBELS IN SPAIN. MADRID, July 3. A band of Insurrectionists, under command ol Cabecilla, made an attempt to enter the Town ot Reus, In the province of Tarragona, but were repulsed by ihe government troops aud compelled to retreat. Cabecilla was wounded and taken prisoner. FUGITIVE FRIARS. SAN FRANCISCO, July 13. Thirty-nine Barefooted friars and Reven Dom? inican friars, banished from Guatemala for a conspiracy against the government, arrived here yesterday by steamer, and are receiving assistance freely irom tbeir co-religlonlsts. THE LONG STRIKES. NEW YORK, July 3. The commltteo of the Employers' Union have Issued an address to the workingmen, appealing to them io resume labor. This is being distributed to-day In German and Eng? lish by thousands. DETROIT, July 3. The mill-owner's meeting lesolved not to submit to the demands of tho strikers. Nearly all the mills are shut. THE LONG BRANCH RACES. LONG BRANCH, July 3. The first race to-day was a steep e chase for gentlemen riders, three miles, aud was won by Duffy; time 8.41J. Race ot 1J miles. Chivalry 1, Lord Byron 2, Rounder 3; time 2.14*. Monmouth O ik Btakes, li miles, for three year old fi lles; Belmont's Woodbine and Vic? toria, 1 and 2. Elsie 3. Jury 4; time 2.42. Mansion House stakes for four year olds, 2$ miles, Monarchist 1, Frank Ross 2. No others run. Time4.47tJ. THE WEATHER THIS DAY. WASHINGTON, July 3. The barometer will probaoly continue slowly to fall and especially tn- New York and New England, and routh .vest winds will continue from Ordo io New England, southerly winds without any material Increase ol temperature, hut with a close moist atmosphere and light local storms, will be experienced throughout the Atlantto Slates on Thursday. THE NEW REVOLUTION. PROGRESS OF THE LIBERAL MOVE? MENT. Missouri Demanda "No Nomination" at Baltimore. ST. LOUIS, July 3. At a meeting this evening of the leading Missouri delegates to the Baltimore Conven? tion it was the unanimous expression that the delegates should adhere to the "no nomina" tlon" policy, that being considered the most efficient mode of furthering the election of Greeley and Brown. The general opinion seems to be that while the convention should give no uncertain ground as to Its preference for Greeley and Brown over Grant, a simple re? commendation would be of more real service thaD the formal adoption of the tormer as the Democratic candidates. The Michigan Democracy* Endorse Cin? cinnati. KALAMAZOO, July 3. The State Convention adopted resoluiions endorsing the Cincinnati platform, and direct? ing the delegation to Baltimore to voie as a unit. All the delegates are for Greeley except one. The World Advances Another Inoh. NEW TOBE. July 3. The World, referring to the printed circular of the disaffected parties advising a Demo? cratic bolt at Baltimore in case the Cincinnati nominations are endorsed, says that this a movement In which "lt taK.es no stock." The Iowa Liberals In (notion. DAVENPOBT, IOWA, July 3. A call is published here to-day for a Liberal Convention, to be held at Des Moines, On the 1st of August, for the nomination of an elec? toral ticket, and a Slate ticket, and to concert such measures as may be defined wise for consolidating all the elements-opposed to the present administration. Boutwell to the Rescue. WASHINGTON, July 3.-Secretary* Boutwell will visit North Carolina about the 15th, and make two speeches In support of the Republi? can Stale ticket. POLITICS IN EDGEFIBLD. The Candidates in th? Field-Their Names, Their Characters and Their Chances. [FROM AN OCCASIONAL OOBBtSFONDBNT.] PINEH'MISB, Edgefleld County, June 28. In the present letter I Bball canvass the chances of the several senatorial candidates In Edgefleld. First, we have David Harris, as black as the ace of spades, and a too willing tool ot the Scott ring. His chances for receiv? ing the nomination are decidedly slim. Next comes Eichelberger, of Winchester rifle noto? riety, also a tool of Scott's, aud at present couuty treasurer of Edgefleld. If he gets Into the Senate lt will be through dint of hard work and a free use of the people's money. Dr. John A. Barker ls also a Republican candidate, and I rather think that he will reoetve the undivided support of the Democratic party. Of course, the "passive" policy ls in high favor In this county. I am Informed that John Woolley has withdrawn lrom the field, from some cause unknown to your correspondent, and ls no longer a candi? date tor the Senate. Arnim and Rivers are still fighting at Hamburg-each striving to Injure the other and brighten his own chances for the senatorial nomination. At Aiken, Sparnick, of the Tribune, U In the field for the Judge of probate's place; but Jonesand Bray? ton, seeing that the ."natives" had the inside track on them, have picked up their carpet-bags and left for colder parts. R. Kirk, originally ot Barnwell, and a Radi? cal candidate for Congress in ihn Filth Congressional District of Georgia in 1870, ls at present stopping in this_county. .Wuether he will sustain the "Liberals" or lend bis Influ? ence lu support of the Radicals Is not known. He ls erratic In some recpects, but ls regarded here as the ablest Republican In this portion of tne State. Tue colored people are very con? servative in their views, and expresa them? selves as being tired of being duped by such characters as Prince Rivers. Prince Is very aristocratic in his demeanor, and refuses to allow bis colored "bredreu" to call upon him only "on business and In hours of business." Hou. Joseph D. Allen Is a candidate for ?herlff of Aiken Comiiy, and leading colored men nay they will support him m preference to tne Radical scum that la opposing him. Dr. Bar? ker will be our next senator, and I mist we may also have a worthy set ot representatives. YO CI! A DAM TBE CROPS IN BARNWELL. Cotton Backward and Promising Poor? ly-Corn Looking Well-Fruit Fall? en-The Hog Crop Safe. [PROM AN OCCASIONAL CORRESPONDS NT.] FAIRMOUNT PLANTATION, July 1. My fields first planted In cotton had, nearly all, to be replanted on account ot the heavy rains and cool weather In the early part of April, consequently the stand ls bad, the plant backward, and even wlih good seasons out ' the product will be lessened at least one-fifth. Tne fields plantea ai ter tue heavy rains came j up better; but the cool nights and mornings so prevalent here this year have retarded the growth, ano it ls three weeks behlud hand. Taking the fields altogether, It ls not likely, even with a late trost, that they will produce as much as last year. The corn IOOKS well, both in the high and the low lauds, and wltn one more rain for the farmer there will. be an abundance. The other portions of the provision crop-peas, puiatoes, &c. - are growing flaely. Fruit, peaches aud apples, lew and small. Pears all fallen. Plums, cherries, grapes, all Btu u ted In their growth, owing, I think, to the coutlnued unusually cool nights aud morn? ings. Even tho blackberries are dwarfed, ana the grass hus grown so slowly that it has required very moderate labor to keep the finida clean. Figs and melons are beginning to ripen, and ll we don't have too much dry weather there will be plenty ol them. A rain at the present lime would be of much service to all the crop?. Cattle and hogs are not stolen as much as they used to be a year or two since. Must ot my freedmen raise poultry and hogs, and some of the families have cattle. Tn ey range off In the day time, but at night they are kept en? closed within hearing and within close reach of gunshot. _ FATE OF THE FANNIE. Oonilrmatlon of the Reported Burning of the Vessel. HAVANA, July 3. The burning of the Fannie and tne killing ol Peralta, wno commanded the expedition, and the capture of the stores which abe 1 ind? eri are continued. IL ls supposed that a part of the Fannie's crew was transferred to two sloops und landed on the north coast. The tale of the Fannie's crew ls unknown. It ls supposed that they Joined the filibusters. It ls asserted, however, that they took to their boats and sailed lor Jamaica. TUE HEATED TERM.* - -fc NEW YOBS, July 3. Yesterday there were nearly two hundred deaths reported. There are about sixty In this city, although there were numerous cases not known to the police. The heat conilnues io-day, and many more cases ol sunstroke have taken place._ SPARKS FROM THE WIRES. -The Archbishop of Madrid Is dead. -At the Siokes trial yesterday the court room was densely crowded. -President Gram went back to Long Branch laot night. -The contracts are given out for an air line railroad, cosUng six millions, from Philadel? phia to New York. -William B.rney ls appointed receiver of the public moneys and H. S. Harman, register of the land o tike, fur the eastern section of Florida, BOARD OF HEALTH. A regular meeting of the board waa held yesterday, at 12 M., at the office of the city registrar, In the City Hall, Mayor Wagener presiding. ' Alter bearlDg favorable reports from several districts, Dr. Pelzer, of the committee on hos? pitals and dispensaries, reported that they had considered the communication of Dr. J. S. Buist, and after a conference with the trustees of the Roper Hospital they recommended that certain Improvements and alterations be made to the old Workhouse, or House ot Correction, according to the plans and specifications tarnished by the city engineer, se as to fit lt np as a permanent hospital establishment, in connection with the present building used for that purpose, for the accommodation of the imbeciles and lunatics ot the city. They also hoped that Immediate action would be taken, so that the sick and Insaoe sufferers might be promptly provided for. In connection with, and as part of this report, were read the valu? able suggestions of Dr. BU Geddings, made In his remarks on the subject at the last meeting, and in conformity to which the recommenda? tions of the committee were made. The re port was adopted, and delivered to the secre? tary to be put In a proper shape to be brought before Council. The committee on the bill of Dr. M. H. Col? lins for forty-four casks of lime furnished the city In the fall ol Jb71, re ported that they had ex? amined the papers and found the account Itself charged against the street department, while the certificates and other papers showed the lime was purchased contrary to the advice of Dr. Robert Lobby, then city registrar, and that on behalf of the Board of Health he refused to approve the account ^Further, that the certificates of Mr. GUbert Pillsbury, then Mayor, showed that the account was made out on his authority and against the city. The committee recommended that the Board of Health decline to approve of the payment of the account as lt stood, without any prejudice to the claimant's demand. The report was adopted, and there being no farther business the board adjourned. THE COURTS YESTERDAY. Knited States Court. In the District Court, before Judge Bryan, on the petition of W. R. Dobson and J. H. Honor, executors, George W. Olney, debtor, was ordered to show cause on the 16th day of July, why he should not be declared a bank? rupt. The petition of Wm. 8. McJnnken, o? Union, for voluntary bankruptcy, was referred to Registrar dawson for adjudication. The grand jury brought In true bills against Thos. A. Hendricks, for unlawful distilling and.agalnst H. A. Cohen, for retailing liquor without paying the special tar. Adjourned until ten o'clock Friday morning Special Term of the circuit Court. A special term of the United States Circuit Court will be held in Columbia on August 5th, when the coses continued from the lost ses? sion will be taken up. Hie State Court. In the Common Pleas, before Judge Gra? ham : Lawrence Fox vs. the Savannah and Charles? ton Railroad. Sealed verdict, opened In court, found-to bo for the plaintiff for five thousand dollars damages. Frederick 8. Toomer vs. Jacob M. Humbert, executor of Jonah Collins. Continued by plaint iff on affidavit of his attorney. Thomas B. Hough vs. James Colclough. Referred by consent to G. W. Dingle, E-q., special referee. Catharine and Elly Daly vs. George S. Scott and D. U. Jennings. Continued by consent John D. Murphy vs. John Thompson. Action for damages for malicious prosecution. During the argument In this case the court adjourned until Friday morning at ten o'clock. Cases fixed lor trial on Friday : Martin vs. Holland; Buist, ordinary, VB. Grant; Buist, or? dinary, vs. Yates; McElroy vs. Guy; Bonnell vs. Fredsburg; Hunt Thompson & Co., vs. Willis; Hunt Brothers-vs. Willis; Kerrison vs. Gibbes. ? THE HEAT YESTERDAY. The range of the thermometer, yesterday, at the drug store o? Mr. Joseph Blackman, on the south side ol Broad street, was as follows : 8 A. M., 63; 10 A. M., 87; 12 M., 90; 2 P. M., 91; 4 P. M., 92; S P. M., 87; 8 P. M., 85. It waa hot enough in Charleston yesterday, In all conscience, but lt is a comfort to know that Columbia registered one hundred de? grees, and that tn the North the quicksilver was olear out of sight. What was suffered in Gotham on Sunday a World reporter thus de? scribes: So early as seven o'clock A. M. the ther? mometer marked degrees that were fast run? ning up to tne nineties. * * As the day blazed on Pbojbus heaped additional coals upon his burulng, fiery furnace, until at last Mer? cury, unable auy longer i.o bear the pressure, leaped madly out of tu J thousands of glass tubes in which he had been confined by Min? erva, and ran about the city In streame-of wild, boiling quicksilver. Awful things, the like of wiicn had never previously been dreamed of, made tbeir appearance In the air, on the carpets of luxury, and In every hole and corner. There was blue bottle flies as hrge as bats to be encountered everywhere, while hordes of giant roaches were to be seen running off to their dens with large boxes of Infallible tusect power, with which they doubt? less provided nuintlve-and wholesome meals for themselves and families. Common horse? flies became fire-flies. The sulphur on luciler matches bolled, and gas lgnued simply by tur ni Dg lt Into the atmospheric air. The seats In the parks became so heated that inconsid? erate persons who planged themselves down upon them leaped Immediately to tbeir leet and fled shrieking away like human locomo? tives on a drunk. THE TOBACCO TROUBLE. Boutwell flustalua tbe Commissioner. WASHINGTON. July 3. Secretary Boutwell bas wrliteo theiollow lng to tobacco dealers in New York: .'.Sir-I have the honor to acknowledge tbe receipt of a letter signed by your.-elf and other persons engaged In ihe manufacture of tobac? co, dated July 1st, In which you ask me to re? voke the decision of ihe commissioner o? In? ternal revenue concerning the storage of man? ufactured tobacco in warehouses after the G th June and previous to the lat July. I ?r amloed ihe question, and am ot the opinion that the actlen of the commissioner is requir? ed by the language employed in the law, and that the ruling accords with the purpose ol the committees ot the two hou-es charged with i he preparation and management ol the bill. Tobacco moving under transportation bends on the Gib. June, when the act was feigned by the President, ls not ot necessity subject to the oid rate o? duty, as by the ruling of the commissioner lt may be returned to the place of manufacture, or held by the collector of tbe district to which the consignment was made until the 1st ol July, and then given up to ibe owner or consignee upon payment of duty at the rate Axed by the new law. This ruling of the commissioner appears lo me to relieve persons engaged In trade of all grounds for complaint, except what may arise Irom the general purpose of the law, wnich ls manifest, in abolishing the warehouse system," FIRE IN FLORENCE. THREE LARGE STORES INFLAMES. The Engine Cicl?is-Exploding Kero? sene Increases the Danger-A. darrow ' Eicapr- What the Masons Lose-The Total l-:ss 935,000. [PROM OUR OWN CORRESPONDENT.] FLORENCE, July 3: Aboat one o'c !oc k th ls morning fire was dis? covered on the outside of the store of Mr. James Allen, one of the leading merchants of this section of country. The alarm waa given and efforts made to arrest It, but in vain. Soon the building was enveloped !n dames. Nothing of Its contents was eared, except the iron safe, which waa rescued at the peril of Ufe, by Mr. Allen and a oumbe? ot colored men, who generously went to hts aid.'v MT. Lloyd, an aged and respected citizen, living on the second floor, barely escaped the flames himself, but lost all his household effects. The store adjoining on one side, occupied by Mr. C. Frank*, more generally known-as Jerome P. Chase's, but now owned bf Graeser, Lee, Smith & Co., a large and handsome building, was soon discovered in flames! The upper story was used as a Masonic Hall. Mr. Frank rescued some of his effects, but lSat the larger parL The Masons lost nearly all their hall furniture and regalia. The store of Mr. Jules Kahn, on the other side, belonging to Major J. H. Pawley, also took Are, and for the first time In the history of Florence, three large .two-story buildings were In flames at one time. Mr. Kahn saved a portion"of bis household furniture, but his en? tire stock ot merchandise was destroyed. Each store, as do nearly all country and Inland-town' stores, contained kerosene oil and powder. Those of Messrs. Kahn and Frank contaln-d liquors. The explosions of these combustibles kept many at a very respectful distance from the barning buildings. There ls a Are engine in Florence, but its hose were out of order and lt was not available. Surely this will be a lesson to the merchants In re? gard to keeping such articles aa powder and Kerosene oil In their stores, and to the citizens In regard to the Importance of a thoroughly organized Are department. Florence now bas a population of nearly two thousand, and can well support a white and a colored Are com Ipany. I learn that all losses were nearly covered by Insurance, except Mr. Frank's, which waa only partial; Major Pawley's building, which was uninsured, and the furniture ot the Ma? sons, worth abont one thousand dollars, unin? sured. The total loss was about $25.000. The stocks of Mrs. F. Buchuelt, L. Coben & Co., and the furniture ot Mr. C. Philips and Major J. H. Pawley, lo the building near the Are, were damaged by belog moved out on the rall- - road as a precautionary measure. Only lase saturday night the store of Mr. James P. Chase was rescued from the flames. Our town seems unlucky. The cause ot the i Are last night Is supposed to be from an in? cendiary ; that of Mr. Chase accidental. Trade ls dull. Tne cotton crop la qnlte pro? mising, but corn ls nearly ruined for want ot rain. _ PESSSLET. SIPriNOS OF PUNCH. GE0L0GT.F0R JACKAS8K3. Folks talk of the Cruet of the Barth; Its strata which outermost He. A Fool reflects, cnnokl.ng wt h mirth. -Tnis world, thea. '* a padding or pie: Vesuvius, at sea-oas lets ont The gravy within lc ha? got. And ihat being lava no doubt inalue tnat tbe meat ls au hot. AQUATIC INTELLIGENCE. Mrs. Malaprop was beard to express the hope that the result of the International boat race would be a irlory to the umpire on which the sun never ses. SUPEREROGATION. Country Maid (having first seen "Missus', and the children Into a cab.) uO. coachman, do you know ihe principal entrance to Drury Lane Thea-?" Crabbed Old Cabby (with expression of In? effable contempt.) "Do I know! Elm aup - !" REAL EDUCATION. Mr. Punch ls of opinion that a polite and easy bearing towards the opposite sex (tem? pered, ot course, with propriety and discre? tion,) cannot be loculcated at too early an age.. He toerefore recommends that whenever aa Institute for young ladies happen? to meet an academy for young gentlemen, they should alhbe formally Introduced to each other, and allowed to take their walks abroad In com? pany. READING MADE UNEASY. In a delightful letter In the Pall Malt Ga? zette, by Mr. Charles Reade, that gentleman descr'bestue Kensington show of musical in? struments. But he Bays: "Then there are Italian spinets, one of which ongnt to interest the ladles, for it has nineteen' hundred and twenty-eight precious stones outside it\ and very Utile music lonldtf." what do you mean, Mr. Reader Why should this specially Interest the ladlee ? Is a lady something externally rion In expensive glitter, aud internally devoid of charming and harmonious qualities ? Can you Intend to sig? nify this ? 0, dear slr, explicate. . AMERICAN PAPERS, PLEASE COPT. . "Knocking the cohstquences out of a fel? low" la a common school phrase for the pro? cess the Yankees mean applying to ns when putting In practice their bappy thought of In? flicting "consequential damages." However, there are many happy signs that this threat? ening storm-cloud-will be soon dissipated, and the American case will prove no casus neill, even as ; gards a war ol words, but brutum. fulmen-. tere sumner lightning. May the tron?le, like so many others, be ended In toe bowl, and, Instead of squabbling over last year's Washington bautiing, let Jonathan and John proceed to "kiss the baby." Hotel Arrivals-July 3. PAVILION HOTEL. D. S. Taylor, Anderson, S. C.; W. w. Bawls, D. C. Strobel, Bldgevllle; J. Nettles, Northeast? ern Railroad; J. M.Curtis, Georgia, T.Alexan? der Broughton, South Carolina; J. Gorham, Savannah; T. H. West, New York; L. Broth? ers, Reevesvllle, S. C.; W. A. Perkins, Gra? ham's Cross Roads; J. A. MoDavld, wife and child, Florida; C. Crncb, South Carolina Rall, road. CHARLESTON HOTEL. Matthew J. Fogartle, New York; D. P. Grif Ath, wife and two children and servant, Alkea, 8. C.; W. Blake, G. Walker, South Carolina; D. Montgomery, Florida; C. C. Walker, P. P C. Company; J. A. Gilbert, Sou' h Carolina; E. M. Hardy, Baltimore; B. A. Wn it tie id and wife, Tallahassee, Fla. Special Notices. pg* THE RELATIVES, FRIENDS AND Acquaintances of Mr. and Mrs. ALBERT T. SPF is - SEQGER are respectfully Invited to attend the Funeral Services or the former, at Bethel M. E. di arc ti, THIS AFTERNOON, at 6 o'clock. Jul? 4* ?bitnorrj. O'HANLON.-Fell asleep In Jeans, on Sunday, the lotti Jane. 1872, Mrs. ELIZA, CHANLON, lo the sst ti year uf her aga peace to her ashe-.. Gone home to heaven, we held ber here wu h love's B tren g clasping hand, Bat smiling angels beckoned her Borne to tue better land. Safe home In beaven, lurever more, >a e from all grief and pain; Oh. to this dna'y storm-tossed life, Wish her not back again. 0. H. G. BI^SELL.-Died on Sullivan's Island, on the mornln* on tie -id. SWINTON BSNNETT H. BISSBLL, jodngrstcnUd or Wm. Swinton and Alice Riggs Bissen, aged 9 month aod 21 days .'I waa damn-I opened not my month, because. Thoa didst lt.?